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| NEW
LAW LIMITS DUAL NATIONALS |
| BY GENO
LAWRENZI aka Rick Lanning |
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A bill
that could lead to an overhaul of the Constitution on
the subject of dual citizenship of Federation citizens
who are seeking membership to the National Assembly
was passed Friday by Parliament after a spirited debate.
While the debate grew so hot that some members of Parliament
showed concern over decorum, Prime Minister Denzil Douglas
applauded the members for their lively debate and said
it showed the Constitution is not static.
The new law, known as the National Assemble Elections
Amendment Act 2009, bars people with dual citizenship
from being nominated to the National Assembly unless
they have renounced their allegiance to a foreign country
and have shown proof of that fact. Anyone found guilty
of violating the statute can be fined up to $30,000
and imprisoned for 30 days.
The issue that seemed to concern members of Parliament
deals with the proof that must be shown after the person
nominated has renounced his or her allegiance to a foreign
power since the holding of the previous election. Some
members indicated their concern on how the new law places
the burden of proof on the person nominating the candidate
and how the government would ascertain that the individual
was sincere in pledging allegiance to the Federation.
Leader of the Opposition the Hon. Mark Brantley wondered
about the level of proof required and whether it was
up to the returning officer to determine what proof
would be considered sufficient. He told Parliament there
was a problem with adhering to the Constitution since
the individual needing to get proof is barred from offering
himself or herself as that proof. Mr. Brantley seemed
to take nominated member Nigel Carty's interpretation
of the bill lightly.
On a point of order, Mr. Carty said he did not see how
the requirement of proof should stop the person nominated
from going forward. He also said the person's name should
not be stricken from the ballot. As the debate grew
in intensity, Dr. Douglas, who has two children with
U.S. citizenship, said he enjoyed the cross-talk and
that it was evidence of a good healthy relationship
between members of Parliament.
Shawn Richards, who represents the People's Action Movement
(PAM), asked the governing body to re-examine the entire
Constitution. Mr. Richards also urged that the Bryant
Clause be removed from the laws. Patrice Nisbett of
the Nevis Reformation Party said he was concerned that
the returning officer might act in an arbitrary and
capricious manner. He agreed with Mr. Brantley that
there was a need to reform the Constitution because
of the government's problems with some of the clauses.
Mr. Nisbett said the Constitution should never be a
static document and that there was room to make some
changes that would improve how the Constitution serves
the public.
As the debate neared a close, Dr. Douglas said the passage
of the bill was not arrived at easily. He mentioned
his own two children, who have U.S. citizenship, and
said a growing number of Federation citizens go to the
United States to have their children born. The Prime
Minister said the government supports Nationals going
abroad to become citizens of other countries. But he
also said the Constitution must be followed as it stands.
He requested suspension of the standing order and reading
of the bill three times. With that said, the debate
ended and the bill was passed. |
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